Loading...
HomeMy WebLinkAbout010218_ca05Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Lynn Sterbenz, Director, Department of Emergency Management DATE: � �j .� y RE: (1) Retroactive and (1) New Interlocal Agreements with Homeland Security Region 2 Coordinating Council STATEMENT OF ISSUE: The Washington State Emergency Management Division is requiring Region 2 Homeland Security Coordinating Council (Kitsap, Clallam and Jefferson Counties) to more adequately delineate the management, administration and funding procedures of the Council and the Homeland Security Grant Program. Through two Interlocal Agreements, we will first appropriately document the HSGP grants Jefferson County received through this Council since 2008; and second, amend the process for future HSGP grant agreements (beginning with FYI 7) to be entered into directly between the State EMD and each of the recipient counties of the Region (Jefferson County). ANALYSIS: This will appropriately document the grant funding process to the way it should have been since 2008, to the manner in which it is conducted in other Regions; and streamline the future process to establish grant agreements directly between Counties and the State EMD, relinquishing the HLS R2 Coordinating Council of that particular responsibility. FISCAL IMPACT: None. In fact, additional Regional grant funds may be available to each of the three counties as a result of the Coordinating county not being responsible for managing individual grant agreements. RECOMMENDATION: Approval. Clallam and Kitsap Counties Legal Departments have already reviewed and these ILA's are before their Commissioners as well. DEPARTMENT CONTACT: Lynn Sterbenz (360) 316-6008 REVIEWED BY: zzz --` hi Morley,ou ty Administrator Date WASHINGTON STATE HOMELAND SECURITY REGION 2 COORDINATING COUNCIL INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT (ILA) is entered into by and between the counties of Clallam, Jefferson, and Kitsap, all municipal corporations, hereinafter referred to as "Washington State Homeland Security Region 2 Coordinating Council" (Council). The parties to this ILA recognize and respect the legal status of one another, and further recognize that each has and reserves all rights, powers and remedies now or hereafter existing at law, in equity, or by statute, Treaty, or otherwise. NOW THEREFORE, in consideration of the mutual covenants, and conditions set forth below, the parties hereto agree as follows: 1. PURPOSE. The formation of the Council is facilitated for the purpose of joint participation in Homeland Security and Emergency Management "All Hazards" planning and preparedness programs under the State Homeland Security Grant Program (SHSP) within the counties of Clallam, Jefferson, and Kitsap. Jurisdictions within each of the three counties may also participate in the Council providing an agreement is established between the participating jurisdiction and its corresponding County. 2. SIGNATORY. The signatories and executive authorities for this ILA shall be the Chairperson of each County Board of County Commissioners. 3. MEETINGS, VOTING AND QUORUM. Participation in a Council meeting may be in person, by audio conference, or by video conference. Participating jurisdictions may act as voting members if they have been represented at two of the previous four Council meetings. Council actions will be approved by consensus of all voting members participating in a Council meeting. Participation by a representative of each County's emergency management organization shall constitute a quorum. 4. COUNCIL MODERATOR. A representative of one County's emergency management organization shall be chosen by the Council to serve as Council Moderator. The term of moderator will be for one calendar year. The duties of the Council Moderator are outlined in Annex A. 5. REGIONAL COORDINATION. A Regional Coordinator will be assigned to coordinate various activities of the Council. The Regional Coordinator duties are outlined in Annex B. During the grant budgeting process, the Council will establish funding for the Regional Coordinator salary, benefits, and expenses. These costs will be included with other regional costs shared by the Counties. Regional costs will be included in the Kitsap County contract with the Washington Emergency Management Division (EMD). 6. MANAGEMENT AND ADMINISTRATION. The Kitsap County Department of Emergency Management will continue with Management and Administrative duties until the closeout of the Washington State Military Department Homeland Security Grant contract 2016 E17-063. Beginning with the FY 2017 State Homeland Security Grant Program, each Region 2 County shall contract directly with EMD. Each participating county will be responsible for their individual County's management and administration functions associated with this agreement. No new or separate legal or administrative entity is created to administer the provisions of this ILA. This ILA shall be administered by the members of the Council. 7. FUNDING. The Council shall submit one Homeland Security Grant Investment Justification application to EMD on a yearly (Federal Fiscal Year) basis. Funds from SHSP grants will be distributed between the three counties per the process outlined in Annex C. Homeland Security Grant funds will not replace or supplant funds that have been budgeted for the same purpose through non -Federal sources. Each County shall contract directly with EMD for issue of a Homeland Security Grant Agreement, to wit: Each County will be responsible for funding requests made by jurisdictions within their own County, utilizing their own annual allocated grant funds for such purposes. 8. SERVICE PROVISIONS. The U.S. Department of Homeland Security/Federal Emergency Management Agency awards grants to EMD through the Homeland Security Grant Program. The Homeland Security Grant Program plays an important role in the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. Delivering core capabilities requires the combined effort of the whole community, rather than the exclusive effort of any single organization or level of government. The Homeland Security Grant Program allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas. 9. AGREEMENT PERIOD. This ILA is effective upon signature by the parties, and shall remain in effect for the remainder of the calendar year in which it enters into effect. This ILA shall renew automatically from year to year effective January 1st to December 31st of each calendar year, for a total period of five complete calendar years, unless notice in writing is given by any one party prior to December 31st of any year to all the other parties requesting changes or to terminate this Agreement. This ILA shall terminate on December 3111 at the end of the initial five years unless earlier terminated as set forth herein or the parties elect to extend this ILA beyond the five year period. Such extension must be in writing and memorialized by the parties. Pursuant to Revised Code of Washington 39.43.040, each participating County shall record a copy of this ILA with their respective Auditor's office. Per Revised Code of Washington 39.43.050, this agreement will go into effect upon approval by EMD or 90 days following submission of the agreement to EMD, whichever is sooner. 10. EVALUATION AND MONITORING. The EMD will monitor the activities of each Region 2 County from contract award to closeout. The goal of the EMD's monitoring activities will be to ensure counties receiving federal pass-through funds are in compliance with the Homeland Security Grant Agreement. 11. NONDISCRIMINATION. There shall be no discrimination against any employee who is paid by funds through this ILA or against any applicant for such employment because of race, color, religion, handicap, marital status, political affiliation, sex, age, or national origin. This provision shall include, but not be limited, to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay, or other forms of compensation, and selection for training. 12. AMENDMENTS. This Agreement may only be modified by a written agreement signed by the parties' executive authorities. 13. WAIVER. The failure of a party to insist upon strict adherence to or performance of any provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive that party of the right thereafter to enforce performance of or adherence to that provision or any other provision of this Agreement. 14. INDEMNIFICATION. It is the intent of the parties to his Agreement to be responsible for their own acts, errors, and/or omissions. To the extent permitted by law, each party to this Agreement shall defend, indemnify, and hold harmless, the other party from and against all claims, suits, causes of actions, judgments, or costs/damages of any nature (including cost of defense and attorney fees) that arise from any intentional or negligent act or omission of the indemnifying party's officers, employees, agents, or authorized subcontractors, while performing any acts or activities authorized by this Agreement. Solely for the purposes of this provision, the parties agree to waive their immunity under Title 51 of the Revised Code of Washington and acknowledge that this waiver was mutually negotiated by the parties. 15. GOVERNING LAW. This Agreement shall be construed under Washington law. 16. SEVERABILITY. If any term, provision, or condition of this ILA should be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this ILA shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. 17. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. IN WITNESS WHEREOF, this agreement is signed by the parties this _ day of , 2017. BOARD OF COUNTY COMMISSIONERS CLALLAM COUNTY, WASHINGTON MARK OZIAS, Chair BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON KATHLEEN KLER, Chair BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON CHARLOTTE GARRIDO, Chair Ap roved as to f m: r - Date: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office Annex A Duties of the Council Moderator The duties of the Moderator of the Washington State Homeland Security Region 2 Coordinating Council are as follows: 1. Work with the Regional Coordinator to publish an agenda prior to all Council meetings. 2. Preside over meetings of the Council. 3. Work with the Regional Coordinator to publish minutes of all Council meetings. 4. Convene regular Council meetings per the schedule established by the Council. 5. Convene special meetings of the Council when necessary to decide on matters that must be concluded before the next regularly scheduled Council meeting. Annex B Duties of the Regional Coordinator The duties of the Regional Coordinator of the Washington State Homeland Security Region 2 Coordinating Council are as follows: 1. Work with the Moderator to publish an agenda prior to all Council meetings. 2. Work with the Moderator to publish minutes of all Council meetings. 3. Participate meetings for the Regional Leads and Coordinators held regularly by the Washington State Military Department, Emergency Management Division (EMD) 4. Be responsible for record keeping and dissemination of information from Regional Coordinator meetings. 5. Provide information regarding regional activities to any state or local agency requesting such information. 6. Assist County DEMs with preparing and submitting reimbursement requests, progress reports, and other periodic correspondence. 7. Act as the point of contact with WA EMD for distributing general information to the Counties. 8. Coordinate regional input for data calls by EMD, including the following: a. Annual Training and Exercise Planning Workshop b. State Performance Report c. Homeland Security Grant Investment Justification Annex C Allocation of Grant Funding The process for allocating grant funding among the Counties is as follows: 1. Determine the population distribution among the three counties based on WA Office of Financial Management data. Determine population percentages for each county, rounded to the nearest 0.5% 2. Allocate LETPA funding for each county. Set aside the contracted minimum amount required for LETPA activities, then distribute that amount among the counties by applying the population distribution to the LETPA funds. 3. Distribute 40% of the contract amount equally between the counties as a block allocation. 4. Allocate funds for Regional Coordination and Regional Projects. This funding will be administered by Kitsap County. 5. Distribute remaining funds to the counties based on population distribution as a proportional allocation. 6. Determine maximum Management and Administration amounts for each County by distributing the allowable M&A costs per population percentages. 7. Determine the maximum allowed salary and benefits amounts for each County by subtracting the Regional Coordinator salary from the maximum contracted amount for salaries and benefits, then distributing the allowable salary and benefits costs per population percentages. EXAMPLE: Regional Allocation: $296,000 OFM Population Distribution: Clallam, 20%; Jefferson, 8.5%; Kitsap 71.5% LETPA Set Aside: 25%, $74,000 Regional Coordination + Regional Projects: $23,500 Maximum Allowable Reimbursements (Caps) Maximum M&A -5% of contract amount: $14,800 Maximum Salary and Benefits -50% of contract amount: $148,000 Coordinator S&B: $14,000 Salary Cap Distribution: $134,000 Regional Allocation - LETPA Funds ....................... Distributed based on population - Regional Cost .......................Set aside for Regional Costs - Block Distribution ....................... Distributed equally among counties NET .......................Distributed based on population EXAMPLE FUND DISTRIBUTION "Maximum allowable values are evaluated by WA EMD on a regional basis. During the budgeting process, a County that will not reach its cap may allocate unused cap to other Counties. This does not confer additional funding, it only increases the amount of funding that can be spent for a given purpose. Clallam Clallam Jefferson Kitsap Regional Allocation $296,000 $1,258 $10,582 LETPA Funds (25%) $74,000 $14,800 $6,290 $52,910 Regional Costs $23,500 Block Distribution (40%) $118,400 $39,467 $39,467 $39,467 NET $80,100 $16,020 $6,809 $57,271 TOTALS $70,287 $52,565 $149,648 Note: Some totals may not add correctly because of rounding. MAXIMUM ALLOWABLE REIMBURSEMENTS" "Maximum allowable values are evaluated by WA EMD on a regional basis. During the budgeting process, a County that will not reach its cap may allocate unused cap to other Counties. This does not confer additional funding, it only increases the amount of funding that can be spent for a given purpose. Clallam Jefferson Kitsap Max Allowable M&A $2,960 $1,258 $10,582 Max Allowable S&B $26,800 $11,390 $95,810 "Maximum allowable values are evaluated by WA EMD on a regional basis. During the budgeting process, a County that will not reach its cap may allocate unused cap to other Counties. This does not confer additional funding, it only increases the amount of funding that can be spent for a given purpose.